[HISTORY: Adopted by the Common Council of the City of Hudson 3-26-2018 by Ord. No.
9-18. Amendments noted where applicable.]
A.
The existing Hudson Fire Department is hereby recognized and established
as a Department of the City of Hudson. The Department shall consist
of the Fire Chief and such supervisory and other Fire Department positions
as deemed advisable by the Chief and approved by the Common Council.
The duties of this Department shall be firefighting, rescue, fire
prevention and education, all hazards response and preserving life
and property, for the City of Hudson and for other municipalities
pursuant to contracts between the City of Hudson and those municipalities
for such services.
B.
The Mission of the Fire Department shall be to effectively and efficiently
provide a wide range of services to the community, to save lives,
property, and stabilize incidents.
The Fire Chief shall be the chief executive officer of the Fire
Department. The Chief shall be appointed by the Police and Fire Commission,
and shall be subject to suspension or removal by the Police and Fire
Commission, all in accordance with W.S.A. § 62.13.
The Chief shall be the chief executive officer of the Fire Department
and shall have direct control and management of all members of the
Department in the lawful exercise of their duties, subject to applicable
state and federal law and City ordinances and subject to such other
lawful written orders of the Mayor or Common Council as provided by
law. The Fire Chief shall be responsible for all Department operations,
subject to review and recommendations of the Common Council. The Chief
shall report regularly to the Common Council regarding operations,
including the fiscal condition of the Department. The duties of the
Fire Chief shall include:
A.
Providing for regular training for the Fire Department personnel
in accordance with national standards, state statutes, local ordinances,
and Department guidelines.
B.
Maintaining equipment and vehicles in good operating condition and
replacing vehicles and equipment in accordance with NFPA recommended
practices.
C.
Maintaining an inventory of fire suppression equipment and supplies.
D.
Establishing rules of procedure and protocols for firefighting and
for Department operations in accordance with all applicable national,
state, local regulations, ordinances and standards.
E.
Maintaining accurate and complete records of all Department operations
as required by City ordinance or policy, applicable state and/or federal
law or regulation.
F.
Preparing and maintaining rules and regulations for Department operations.
Proposed rules and regulations shall be reviewed by the Public Safety
Committee before implementation.
G.
Preparing an annual budget for the Fire Department, subject to review
by the Joint Fire Advisory Board, Public Safety Committee and the
Common Council.
H.
Making recommendations to the Joint Fire Advisory Board, Public Safety
Committee, and the Common Council for short- and long-term needs of
the Department.
I.
Serving as liaison between the Joint Advisory Fire Board, the Police
and Fire Commission, the Public Safety Committee and the Common Council.
J.
Such other duties as assigned by the Public Safety Committee or the
Common Council.
K.
Responsibility for physical facilities.
A.
The Fire Chief and assistants or officers in command at any fire
are hereby vested with full and complete police authority at any incident
responded to. Any officer of the Department may cause the arrest of
any person failing to give the right-of-way to the Fire Department
in responding to a fire. The Chief or designated officer in command
may prescribe certain limits in the vicinity of any incident within
which no persons shall be permitted to come, except firefighters and
police officers and those admitted by order of any officer of the
Department. The Chief, assistants, or officers in command shall have
the power to cause the removal of any property whenever it shall become
necessary for the preservation of such property from fire or to prevent
the spreading of fire or to protect the adjoining property, and during
the progress of any fire the Chief or officer in command shall have
the power to cause the removal of all wires or other facilities and
the turning off of all electricity or other services where the same
impedes the work of the Department during the progress of a fire.
B.
The Fire Chief shall have such further limited police powers to protect
the life and health of the public, determine the cause of fire, and
conduct emergency operations. Additional or more specific authority
may be rendered through a local ordinance as are granted, by statute,
limited police powers.
C.
Such powers include:
(1)
Obtaining inspection warrants and conducting investigations pursuant
to W.S.A. §§ 66.0119, 165.55, and 755.045. Any state,
county, City, village, or town officer, agent or employee charged
under statutes or municipal ordinance with powers or duties involving
inspection. A municipal judge may issue such warrants. When there
is no time to secure a warrant, such as for investigations that occur
during and immediately after a fire, or for searches of public buildings
open to the public, a warrant is not required.
(2)
Information on fire loss [W.S.A. § 165.55(14)]. Require
an insurer to furnish any information in its possession specifically
relating to fire loss.
(3)
Evacuating neighborhood and commanding needful assistance for the
suppression of fires. Entering property or premises (W.S.A. § 213.095)
while in the act of fire suppression.
(4)
Declaring activities to be hazardous and ordering activities to cease
or be corrected [W.S.A. § 101.14(1) and (2)] where activities
are related to the cause of fire, or infringe on life safety in the
event of fire.
All Fire Department compensated personnel shall be considered
employees of the City of Hudson, regardless of pay structure and shall
be afforded coverage under the City of Hudson worker compensation
and liability insurance policies. All Fire Department employees shall
be subject to the City of Hudson employment policies or handbook,
and shall be further subject to Fire Department rules and regulations
regarding operations specific to the Fire Department. Firefighters
and other Fire Department personnel shall be appointed by the Fire
Chief, subject to the approval of the Police and Fire Commission in
accordance with W.S.A. § 62.13(4)(a).
The Fire Chief, at the Chief's discretion, may appoint
supervisory officers to command various shifts or Departments within
the Fire Department. Such supervisory officers may include Assistant
Chiefs, Captains, Lieutenants, and Fire Inspector. The Fire Chief
and each supervisory officer and firefighter, and inspector shall
perform such duties as may be required by law, ordinance or City regulation.
The Fire Chief shall be the Fire Marshal of the City and shall
have the power to appoint one or more Deputy Fire Inspectors and shall
perform all duties required of the Fire Inspectors by the laws of
the State of Wisconsin and the rules of the Wisconsin Administrative
Code, particularly W.S.A. § 101.14. While acting as Fire
Inspector pursuant to W.S.A. § 101.14(2), the Fire Chief
or any officer of the Fire Department designated by the Fire Chief
shall have the right and authority to enter any building or upon any
premises in the City of Hudson at all reasonable hours for the purpose
of making inspections or investigations which, under the provisions
of this Code of Ordinances, he/she may deem necessary. Should the
Fire Inspector find that any provisions of this Code relating to fire
hazards and prevention of fires are being violated, or that a fire
hazard exists which should be eliminated, it shall be his/her duty
to give such directions for the abatement of such conditions as he/she
shall deem necessary.
The Common Council shall appropriate funds for Department operations
sufficient to operate the Department in compliance with state, local
and NFPA standards, including, but not limited to apparatus, equipment,
and training.
A.
Members of the Joint Fire Advisory Board. Appointments to the Joint
Fire Advisory Board shall be made in April of each year and shall
consist of:
(1)
One member of the Common Council appointed by the Mayor. Such member
shall be a voting member and shall serve at the pleasure of the Mayor;
and
(2)
One member from each municipality with which the City contracts to
provide fire services. Members from contracting municipalities shall
be appointed by the Town Chair or Village President, as applicable,
of each contracting municipality and shall serve at the pleasure of
the respective Town Chair or Village President. Each member from a
contracting municipality shall be a voting member and shall serve
on the Fire Commission only during the period of time there is a contract
between the City and the municipality for fire services. If there
is no contract for fire services in effect between the City and the
municipality, that municipality shall not have a member on the Joint
Fire Advisory Board; and
(3)
One City of Hudson resident, appointed by the Mayor, to serve as
a member at large.
(4)
Vacancies in the members shall be filled by the Mayor, President,
or Town Chair of the City, village or town from which the vacancy
was created.
B.
Functions of the Joint Fire Advisory Board. The Joint Fire Advisory
Board shall be an advisory commission, providing recommendations to
the Public Safety Committee and Common Council regarding the Fire
Department, its operations, equipment, and personnel. Recommendations
shall include, but not be limited to, recommendations regarding:
(1)
Maintaining a sound financial condition of the Fire Department.
(2)
The annual budget of the Department.
(3)
Maintaining a cooperative and constructive relationship between the
Fire Department and other services and governmental entities and agencies
in the community.
(4)
Maintaining the fire suppression and prevention services provided
at a level commensurate with the growth of the community and the resources
available, including recommendations regarding short- and long-term
needs and goals of the Department.
(5)
Department rules and regulations governing day-to-day Department
operations, including scheduling, training, meetings, equipment operations,
etc.
C.
Joint Fire Advisory Board proceedings. The Joint Fire Advisory Board
may elect its own Chair and may establish schedules and rules of procedure
for its meetings, subject to requirements of state law and City ordinance.
Board members shall serve without pay. However, expenses Board members
incur attending out-of-town meetings, training sessions, and the like
may be reimbursed by the municipality that the Board member represents,
pursuant to rules and procedures adopted by that municipality.
The City may contract with other municipalities to provide emergency
fire suppression and rescue services to those municipalities. All
such contracts shall be approved by the Common Council and the governing
body of the municipality receiving the service.
If any section or portion of this chapter shall be declared
by a court of competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specific section or portion
thereof directly specified in the decision, and shall not affect the
validity of any other provisions, sections, or portions thereof of
this chapter. The remainder of this chapter shall remain in full force
and effect.
This chapter shall become effective after adoption and publication
as required by law.
